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Cybersecurity and Cybercrime
Laws in the SADC Region

Recommendations
Recommendations of this report are proffered at
the level of regional, sub-regional body, national
governments, civil society organisations, media
and academia. In short, the main thrust of
the section is to underscore the need for state
and non-state actors to ensure cybersecurity
and cybercrime legislation is used to promote
freedom of expression and right to privacy.
African Union
It is equally important to ensure that the enacted
and proposed domestic laws of Southern African
countries are aligned with the AU model Law
on Cyber Security and Personal Data Protection
and the African Declaration on Internet Rights
and Freedoms.
Member States must not simply “copy and
paste” the full name of the Model Law without
domesticating it to their own context. Rather it
is imperative for them to draft separate laws
dealing with cybersecurity and cybercrime on
the one hand and data protection on the other
hand.
Member states must strive to fulfill the full
import of Article 25 of the Convention, which
calls upon State Parties to ensure that proposed or
enacted cybersecurity and cybercrimes laws do
not infringe on the rights of citizens guaranteed
under the national constitution and internal
laws, and protected by international conventions,
particularly the African Charter on Human and
Peoples’ Rights, and other basic rights such as
freedom of expression, the right to privacy and
the right to a fair hearing, among others.
Southern African countries must adhere to the
principles governing the processing of personal
data as enumerated in Article 13 of the AU Model
Law. These include: consent and legitimacy

of personal data processing, lawfulness and
fairness in personal data processing, purpose,
relevance and storage of processed personal
data, accuracy of personal data, transparency
of personal data processing, and confidentiality
and security of personal data processing.
SADC
Instead of adopting a wholesale “cutting and
pasting” of the SADC Model Law, member states
must endeavor to cherry pick the most progressive
provisions that speak to their peculiar context.
For instance, section 25 of the Model Law, which
address issues related to search and seizure of
electronic equipment suspected to have been
used to commit an offence or suspected to contain
information proving the commission of an offence
has been critiqued for infringing on the right
to privacy.
Article 25 of the Model Law must be amended in
order to promote and protect the right to privacy
in the digital age.
National Governments
There is need for countries in SADC region to
adopt a Human Rights-Based Approach. Such
an approach will ensure that the enacted or
proposed legislation take into account the urgent
need to balance cybersecurity needs with the
need to protect and promote the fundamental
right to privacy. This can be done through
integrating international human rights system
norms, principles (necessary and proportionate
principles) and standards (model laws) and goals.
Member States must ensure that cybersecurity
and cybercrime laws are aligned with national
constitutions. These laws must endeavor to
promote the right to privacy and freedom of
expression. There is need to ensure cybersecurity

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